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(영문) 대구지방법원 2016.12.15 2016나6864
해지환급금
Text

1. Of the judgment of the first instance, the Plaintiff’s KRW 944,00 against the Defendant and the Plaintiff’s objection thereto from February 6, 2015 to December 15, 2016.

Reasons

1. Basic facts

A. On December 22, 2008, the Plaintiff entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Multi-Family Development Co., Ltd. (hereinafter “multi-Family Development Co., Ltd.”) with the terms “the Plaintiff shall pay 2,400,000 won per month to KRW 20,000,000 per month, and multi-friendly development will provide the Plaintiff with funeral goods and services, etc. to be generated in the future (hereinafter “instant mutual aid agreement”).

B. The Korea Trade Union Co., Ltd. (hereinafter “Korea Trade Union”) acquired the status of the instant trade agreement from Multilateral Development around September 2010.

C. On December 30, 2013, the Defendant entered into a membership transfer agreement with the Korea Trade Union (hereinafter “instant transfer agreement”) (hereinafter “instant transfer agreement”), and the transfer agreement entered into at the time includes the following:

The transferee of the contract for the transfer of goods: The underwriter and the transferor shall consent to the transfer of goods to members and enter into a contract as follows by agreement between the parties to the contract for the transfer of goods.

Article 1 (Subject Matter of Transfer) The object to be handed over by the transferor to the underwriter shall be as follows:

1) The transferor shall hand over to the transferee the rights and obligations of the transferee on the part of the transferee on the part of all the member's commodities belonging to the transferor (electronic transfer) 2) the particulars of the amount of installment payments for each of the entire members held by the transferor (electronic transfer) 3) the transferor received from the transferee on the part of all the members (electronic transfer) and the particulars of the deposit received from the transferor (electronic transfer) and the transferee on the part of the transferee, and the transferee shall take over the rights and obligations of the transferee on the part of the transferee. However, the provisions of separate provisions shall govern. Article 4 (Transfer of Deposits) shall take over the current 0 won out of the total amount of deposit 7,082,571 won (the date of the contract) 1.

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